Los Angeles daily herald., 1887-07-08
DAILY HERALD
PASADENA'S SALOON.
Judge Cheney Decides in
Favor Of Prohibiti""
r. ]. CAMPBELL REMAND ED'
The Matter to be Taken to the Su-
preme Court as Soon as
Possible.
PASADENA'S SALOON.
r. J. CAMPBELL REMAND ED.

Y0StCTQ2y mOAhAhb - uee~
ed the habeas corpus case OF E. J. oampoen
an favor of the prohibitionists,and rendered
enc following decision:
The petitioner was charged with the vio-
lation Of an ordinance OF the city OF fssa-
deua, which ordinance reads as follows 70
vit: Ordinance No. 45. An ordinance for
the purpose of police regulation, prohibit
ing places and things of immoral or inoe-
can't character, or dangerous to lie or
heath.
THE Board of Trustees of the city OF fas-
ndena do ordain as follows:
SECTION l. 1t shall be and 1t is hereby
made unlawful for any person. or persons
either as owner, principal agent, servant OF
employe, TO establish, open. keep, maintain
mr. carry on, or assist in carrying on, within
&he corporate limits OF the city of Pasadena.
nny tippltng- house, dramshop. cellar, sa-
Icon bar, bar-room, sample-room, or other
Dlace where spirituous, vinous malt or mix
- uuors are sold or given away. CIhen
follows the enumeration OF other places,
such as gambling rooms, ETC.
.sProyided that the provisions OF this
o,tinsnce shall not apply to the sale OF
liquors for medicinal purposes py regu-
larry licen,eo druggist. upon the prescrip-
der RI. laws of the State Of California, nor
shall such prohibitions apply to the sale OF
sue liqu. RS for chemical or mechanical
Then followed the provisions for punish
fua anv violation of the ordinance. Upon
The trial of petitioner he was found guilty
of q misdemeanor, In Keeping, maintain
and bsrroom where spiritous and malt
LIQUORS were Sold" whereupon judgment
was rend cred thst he be fined in the sum OF
one hundred dol ars with the usual pro.
vision for imprisonment in default OF the
A writ of hsbeas corpus was issued BY
Justice of the Supreme Court OF this state,
namely, lion. T. B. Mcfarland, ana made
returnable before q Judge OF this Court.
sxreeme nts were entered into and certain
stipulations made whereby all merely tech
meal objections to the judgment were
waived in order that the question of con-
.titutiol ality of the ordinance violated by
pe,i.ioue, might be reached directly and
deter miued. By this straightfor ward course
the Court is brought face to face with the
main problem in the case. In the same
spirit the Court will decide the matter.
without regard to the sentiment which
sometimes colors the discussion OF the le-
xal questions arising out OF the sale OF lfq-
u0rs and the attempt to control, regulate
and prohibit the same. Tne question be-
fore the Court is one Of cold law, to,wit:
Had the Trustees of the city of Pasadena
the constitutional right to make and en-
force such an ordinance as the one for vio-
lating which the petitioner was tried and
convicted?
The Court is entreated at the outset of the
Argument OF counsel Tor petitioner to disre-
gsid precedents and decide the questions
pr, sented by them as though they wer en-
tirely fresh in the field OF legal problems; !;
q least counsel appear 10 be anxious that
this Court should turn backward ana get
behind q long line OF authorities sustaining
the legislative authority to enact prohibit
tory laws, and independently to assert that
stitution Of the United States In the alb
sence CT contrary decisions emanating from
the supreme Court of this State and the
establishment OF a State policy by the Legis-
lsture, this Court must decline to become
30 radical as counsel desire. SO far as 1t is
necessary for the purposes of this decision,
this Court assumes that the quest on of the
constitutionality of such enactmen,s issst-
Section IL, Article il of the Constitution
of the State of California, reads as follows,
to-wit: ANY county, city. town or town.
ship may make and enforce within its linn
lis all such local, police, sanitary and other
regulations as are not in conflict with gen
eial laws"
Section s62, of the municipal corporation
act, Of 1883, subdivision l, reads as follows:
"Tne Board of Trustees of said city shall
have power-First. to PASS ordinances not
OF this state or OF the United States"
Here we have the special language OF the
charter itself and the general language of
the Constitution of the state, which Ian
guage IL as been aptly said IL, "A charter
IN il.elf." In prohibiting the Legislature
from enacting local and special laws in
certain enumerated cases. II was the inten-
ton OF the people of the State to relegate
the reg 1lation of certain local affairs to the
local legislative bodies, aud it does not fol-
Low (ss counsel appear TO argue) that be
cause the State Legislature cannot enact a
law regulating, restraining. or prohibiting
the sac of liquor in Pasadena that there
fore the local legislature of that city cannot
The Cor sti ution of the State gives to the
city the power to MAKE and enforce within
its limits all such local, police, sanitary,
and other regulations as are not in coCh c.
with gent RAJ laws"
Is this police regulation?
The power OF the Legislature to pass such
laws, even to the extent of prohibiting the
sale OF liquors mutt, as the Court has before
stated, be conceded, in the light of the many
deci ,ions rendered py the courts of last re-
sort in several states; and under the Consii-
tuition of California can find no restrictions
upon the exercise of that power, except
tLat the LEGISLATURE may not pass local and
ture might enact general law regulating,
restrainipg or prohibiting the sale OF liquors,
and II could, In my opinion. be conslitu
tionally enforced, and the enactment of such
. law would come within the general police
powers Of the State
.All power rests in the Legislature not
prohibited by the Constitution of this State
OF OF the United States. ."-Ex parte McClain,
The Constitution of this State takes from
the Legislature a portion of that power,
aud places it In the hands OF the local
Legislatures, by section IL, article IL OF the
Constitution; and the police powers SO rele.
fAA m
townships of the state, when exercised
within the limits OF the county. city or town,
are as broad. are as high. are as extensive
rs the general police powers of the State.
change of paternity. The Legislature en-
acts such laws when not forbidden, and the
trustees OF the city pass them when en-
powered 70 do so, and am convinced may
uo 20 until they run against the stone wall
Of a general law.
Neither the Charter nor the Constitution
has narrowed the police powers of the city
ln conf ueineut between closer walls than
those which bound the general police
D. wers of the State when exercised within
the cor rporate limits OF the city.
I. the ordinance in conh CT with general
laws?
know of no general laws of the State OF
California up II the subject except such rs
restrain or prohibit the sale OF Intoxicating
liquors within certain distances of the
state prison. Insane asylum. University OF
Cal fornia, and the State Capitol, AMI for.
btdding the sale of such liquors to minors
aud OF hers, and fixing the limits of accounts
for retail sales which may be collected at
law. and other acts of ike nature. II
there are others of a different character
thew have OF been called to the attention
nf the Court, and 10 far as they go, II they
are indicative OF State policy, II is OF u
policy consonant with the spirit OF this or
dinauce.
This a the law as the Court finds II, and
thess are the conclusions ihe Court reaches
in the absence of any decision to the con-
trary in this Safe,
Lei the petitioner be remanded.
The case will be taken to the supreme
Court ~ soon as the necessary papers can
he made out.
D.,ttuau Passengers.